Eamon Ryan (Dublin Bay South, Green Party) | Oireachtas source

I cannot accept amendments Nos. 40 to 42, inclusive. In section 44, we are allowing An Bord Pleanála, in certain limited circumstances, to approve a scheme or road development that contravenes materially a development plan or local development plan. The first criterion under which the board will be allowed to do this is where the proposal is of strategic regional or national importance. We are bringing in these measures because they are essential to progressing the BusConnects projects.

Amendment No. 40 would remove the key criterion of strategic regional or national importance. Amendment No. 42 would remove the criterion of having regard to the pattern of development and to planning permissions granted since the making of the local area plan. This would mean that changing local circumstances could not be taken into account any more than could wider national circumstances. In effect, these proposals would make measures in the Bill toothless and risk holding up vital national infrastructure.

I appreciate there is always a concern in the matter of planning to balance local and national interests. In the current situation, however, it is clear that balance is not being struck correctly. If we are to be able to deal with major issues such as the need to improve our public transport network, we need planning laws that allow us to do so. The provision allows that the board shall approve proposals if it considers that the criteria set out are met. It still has the final word but we are allowing it more options in order to balance national and local interests.

Amendment No. 41, in proposing to replace the wording "any Minister of the Government" and limiting the application of the provision to two particular Ministers, would limit possible future developments that might have a real imperative for national and strategic reasons but are outside the remit of the Ministers named in the amendment. If we want to capture the concept of national and strategic importance, as we do, this is something that could at different times come under the remit of different Ministers. Therefore, I cannot accept the amendment. I would appreciate if the Senator would consider withdrawing amendments Nos. 40 to 42, inclusive.